State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a sitting Arkansas state legislator also serve on a drainage improvement district board of commissioners?
No. The AG concluded service on a drainage improvement district board is a 'civil office under this State' and Ark. Const. art. 5, section 10 bars a sitting legislator from holding such an office duri…
Can a public school district adopt a policy that overrides Act 1078 of 2015 and bars concealed-carry licensees from leaving handguns locked in cars at the school?
No for parents and visitors. The AG cross-referenced her Opinion 2015-099 issued the same day and concluded that a district policy restricting general public conduct that Act 1078 allows would be cont…
Are clinic parcels owned by a 501(c)(3) nonprofit hospital automatically exempt from Arkansas property tax?
No. The Arkansas constitutional charitable exemption is based on the actual use of the property, not the charitable status of the owner or the owner's mission. Whether the specific parcels qualify is …
Can a school employee with a concealed-carry license leave a handgun in a locked car parked at the school even if the superintendent objects?
For parents and visitors, yes: Act 1078 of 2015 and its companion statutes let a licensee leave a concealed handgun locked in an unattended car in a school parking lot, and the school cannot override …
Can a job applicant block release of her resume content under the Arkansas FOIA's personnel-records exception when she was not hired?
Not through the AG. The AG can only review custodian decisions about personnel records and employee evaluations, and those categories apply to employees not applicants. Since the requester was not hir…
Is it legal to play daily fantasy sports like DraftKings or FanDuel in Texas?
The AG concluded that paying an entry fee to play daily fantasy sports is a 'bet' under section 47.02 of the Penal Code, because the outcome depends at least partly on chance, and Texas gambling law r…
Can a police department keep its internal affairs investigation summaries confidential even if its own written policy promises to release them?
Yes, according to this opinion. A journalist asked the Town of Bethany Beach for annual statistical summaries of police internal affairs investigations, which the police department's own written polic…
Can the Arkansas Medical Marijuana Amendment qualify for the 2016 ballot if the proposal text is ambiguous?
Not on this draft. The AG rejected David Couch's proposed Medical Marijuana Amendment because of ambiguities in the underlying text. Couch later resubmitted a cleaner version that the AG certified in …
After North Carolina Dental Examiners v. FTC (2015), how must Idaho actively supervise its occupational licensing boards to keep them shielded from federal antitrust liability under the State Action Doctrine?
AG Wasden concluded that the actions of any Idaho board or commission controlled by 'market participants' (people who are licensed by, or in a profession regulated by, the board) must be supervised by…
Do signatures collected on a defunct-voting-district wet-dry petition in 2013 still count after the 2015 legislature changed the election rules?
No. The 2015 amendments materially changed the ballot title (no more 'manufacture' or 'off-premises' language) and reduced the signature threshold from 38% to 15%. Walmsley v. Martin requires signator…
Does the FOIA exemption for 'county or municipal parks and recreation department records' shield all county records or only county parks-department records?
Only county parks records. The AG read 'parks and recreation department' to modify both 'county' and 'municipal,' so the exemption shields only parks-department records, not all county records. Other …
Does the Arkansas Health Insurance Marketplace and its board get the same tort immunity as cities and counties under Ark. Code Ann. 21-9-301?
Yes. The AG concluded the Arkansas Health Insurance Marketplace, its board of directors, and their officers and employees are all 'political subdivisions' covered by the tort-immunity statute. The Mar…
Can Moore County, Tennessee spend its hotel occupancy tax revenue on public restrooms for tourists?
Yes. Use of Moore County's 3% tourist accommodation tax was limited only by Article II, Section 29 of the Tennessee Constitution, which requires that the proceeds be spent for 'county purposes.' Const…
How can a Florida city legally raise its local business tax?
A city may change its local business tax only through the routes Chapter 205 sets out: adopting a new ordinance under section 205.0315, completing a reclassification under section 205.0535, or making …
Does the Arkansas Military Department have to pay C-Step and Youth Challenge teachers the new minimum salaries in the current fiscal year, or do the increases wait for future budgets?
Future budgets. The AG concluded the budget calculation requirement in Act 1177 of 2015 applies to future fiscal-year budgets, not the current one, because Act 1177 took effect after the Military Depa…
Can an Arkansas agriculture school formed under the 2015 pilot program detach from its existing district, qualify for school funding, and operate with both a Governor-appointed board and a local elected board?
Partly. The AG concluded the Act 1286 exemptions allow detachment but the school must still meet all other formation requirements; consolidation rules under Act 377 still apply (with waivers possible)…
Can a Texas city reimburse a resident for the cost of a successful zoning board appeal?
The AG concluded that article III, section 52(a) of the Texas Constitution would likely bar a city from paying a private party's costs from a successful zoning board appeal, to the extent the payment …
Does the Texas Forensic Science Commission have to disclose exculpatory evidence it finds?
The AG concluded that a court would likely find the Texas Forensic Science Commission has no duty under article 39.14(h) of the Code of Criminal Procedure to notify anyone of exculpatory, impeachment,…
Is the Florida Department of Environmental Protection a state agency for purposes of an FAA drone Certificate of Authorization?
Yes. Under Chapter 20, Florida Statutes, the Department of Environmental Protection is a principal administrative unit of the executive branch and an agency of the state, so the Attorney General certi…
Can a county council discuss how a new pay plan affects specific employees in a closed executive session?
Yes, according to this opinion. A resident challenged Sussex County's handling of a new employee pay plan, questioning why its impact on specific employees was discussed in executive session at a May …
What procedure does Shelby County need to follow to assume the unpaid retiree health-benefit (OPEB) debts that Memphis City Schools left behind when it dissolved?
The Shelby County Board of Commissioners had to adopt a resolution, by a majority vote of its members, formally agreeing to assume the OPEB (Other Post Employment Benefits) indebtedness owed by the no…
If a state senator was elected as a Republican but switched to the Democratic Party before resigning, which party gets to submit the list of replacement candidates to the Governor under W. Va. Code § 3-10-5?
The party the senator was affiliated with at the time of resignation, not at the time of election. The AG read W. Va. Code § 3-10-5(a) to use a present-participle phrase ('the person vacating the offi…
Which of the new misdemeanor crimes the Georgia legislature created in 2015 should require fingerprinting at arrest?
The AG designated 9 of the 18 reviewed 2015 misdemeanors as fingerprintable: powdered alcohol, both tiers of harming a law enforcement animal, causing a minor to be identified in an obscene depiction,…
Could Georgia's Governor block Syrian refugees from receiving state-administered, federally-funded resettlement benefits?
No. Federal law and the state's voluntary agreement to act as Georgia's refugee resettlement coordinator both prevented the State from denying federally-funded benefits to Syrian refugees who had been…
When a Box Elder City Councilperson resigned mid-term and the council appointed a replacement under SDCL 9-13-14.1 'to serve until the next annual municipal election,' did the appointee have to run for retention at the 2016 annual election or at the next regularly scheduled Box Elder election in 2017 (Box Elder's terms were staggered, so no full election was scheduled for 2016)?
The 2016 annual election. The statute said 'next annual municipal election,' not 'next regularly scheduled election.' SDCL 9-13-1 sets an annual election each second Tuesday of April; even if Box Elde…
Can Delaware State Police refuse to release its confidentiality agreement with the FBI about cell-site simulator (Stingray) technology?
No, according to this opinion. A journalist asked Delaware State Police for records about its use of cell-site simulators (devices that mimic cell towers to track phones), including any nondisclosure …
Can a reporter get the medical examiner's conclusion about a person's manner of death through a Delaware public records request?
No, according to this opinion. A reporter asked Delaware's Division of Forensic Science (DDFS) for the autopsy findings, and later just the medical examiner's conclusion on manner of death, in the cas…
Did an Illinois state employee convicted of theft and official misconduct forfeit her pension benefits?
Yes. AG Lisa Madigan concluded that Mary A. Hurst's convictions for theft, official misconduct, and wire fraud arising out of her state employment required forfeiture of her pension benefits under Pen…
Would a court ruling striking down the federal DACA or DAPA programs affect a Tennessee bill that would give in-state tuition to some unlawful immigrant students?
No. The AG concluded the bill required students to attest they had applied to 'legalize' their immigration status, while DACA and DAPA confer only 'lawful presence,' not legal status. So invalidating …
Were FanDuel and DraftKings daily fantasy sports contests illegal gambling in Illinois in 2015?
Yes. AG Lisa Madigan concluded that daily fantasy sports contests run by FanDuel and DraftKings constituted illegal gambling under Illinois Criminal Code § 28-1(a), and that the 'bona fide contest' ex…
Can the same person serve as a Texas county sheriff and a school board trustee at the same time?
The AG concluded that, on the facts presented, a court would likely find the common-law incompatibility doctrine does not bar one person from serving at the same time as the Red River County Sheriff a…
Do extra college credit hours taken at another school disqualify a student from B-On-Time loan forgiveness?
The AG concluded that a court would likely find the extra hours do not disqualify the student. A Texas B-On-Time loan could be forgiven if the student earned the degree without going more than six sem…
Can a Texas commissioners court automatically cut a county position's salary when the employee leaves?
The AG gave a two-part answer. Chapter 111 of the Local Government Code does not, as a matter of law, prohibit a commissioners court from adopting a standing order that automatically transfers budgete…
Can a Texas public university ban concealed handguns in classrooms or dorms under the campus carry law?
The AG answered six questions about Senate Bill 11, the campus-carry law that took effect in 2016. He concluded that a public institution of higher education likely exceeds its authority if it bans co…
Can you carry a gun in a Texas school's parking lot, driveway, or sidewalk?
The AG concluded that Penal Code section 46.03(a)(1) prohibits handguns (and other weapons) from places where a school-sponsored activity is being conducted, and that those places can include grounds …
Can a Texas county post a 'Weapons Free Zone' sign banning licensed handguns in a government building?
The AG gave a three-part answer. First, building on its earlier opinion KP-0047, the AG concluded that in the Hays County Government Center only the courtrooms and the offices essential to running the…
What happens to the money when the Texas governor line-item vetoes part of the budget?
The Comptroller asked how to account for Governor Abbott's line-item vetoes of the 2015 state budget. The AG (the opinion was signed by the First Assistant Attorney General because Paxton recused hims…
Can a Texas county ban guns in a whole courthouse, or just the courtrooms?
The AG concluded that Penal Code section 46.03(a)(3), which lets the government keep handguns out of the 'premises of any government court or offices utilized by the court', does not reach an entire c…
Can a county board of supervisors take cartography and property-title staff away from the elected county assessor and put them in a department reporting to the board?
No. Cartography and property-title functions are necessary for an Arizona county assessor to perform her constitutional and statutory duties: identifying, mapping, and assigning ownership to all taxab…
Can a government leave policy require judges to use their own vacation days for religious holidays instead of giving them extra paid leave?
The opinion concluded that Maryland's policy of letting judges use only their existing personal and annual leave, not extra paid administrative leave, to be absent for religious holidays did not viola…
Does the Virginia real-property tax exemption for surviving spouses of service members killed in action apply if the death happened before 2015?
Yes. The AG read both the constitutional amendment and the implementing statute as applying regardless of when the service member was killed. The 'January 1, 2015' date in § 58.1-3219.9 limited only t…
Does a former Illinois state representative lose her General Assembly pension if she pled guilty to mail fraud over a fake-scholarship scheme she ran while in office?
Yes. Attorney General Lisa Madigan concluded that former Rep. Constance A. 'Connie' Howard forfeited her General Assembly Retirement System pension under section 2-156 of the Illinois Pension Code, be…
Can a Tennessee district attorney general's office digitize its paper case files for storage and then shred the originals?
Only with approval. The AG concluded the DA's case files are state records, and any reformatting or destruction requires an approved records disposition authorization from the Tennessee Public Records…
After Florida's Enterprise Zone Program sunset on December 31, 2015, could property still qualify for enterprise-zone ad valorem tax exemptions?
The AG declined to give a definitive answer and recommended the parties seek a court ruling. The office observed that once the Enterprise Zone Program sunset on December 31, 2015, and the term 'enterp…
Can a state agency charge me for a duplicate email search after it already searched its own records and found nothing?
Technically no violation, but poor practice, according to this opinion. The Department of Education searched its own email records for a FOIA request, found nothing, but still sent a $300 estimate for…
If a Arkansas police officer or firefighter in the LOPFI DROP loses his job early, can he transfer to another LOPFI-covered position?
No. The AG concluded a LOPFI DROP participant whose employment ends, voluntarily or involuntarily, cannot transfer to another LOPFI-covered position. The DROP statute deliberately excludes DROP partic…
Can Mary Berry's proposed Arkansas Cannabis Amendment qualify for the ballot through the AG certification process?
Not on this first draft. The AG rejected Mary Berry's initial Arkansas Cannabis Amendment because of ambiguities in the proposal's text. Berry resubmitted twice more (Opinions 2016-006 and 2016-012), …
When a Tennessee general sessions court (which handles misdemeanors) revokes someone's probation, can the judge add up to two more years of probation instead of just sending them to jail?
Yes. The AG concluded that Tenn. Code Ann. § 40-35-308(c) authorizes any sentencing court conducting a probation revocation hearing, including a general sessions court, to extend probation supervision…
Can a Texas transit agency build bus lanes where voters approved light rail?
The AG gave a two-part answer about Houston METRO's Post Oak Boulevard project. First, reading the 2003 election order and ballot language, the AG concluded a court would likely find that METRO's 'con…
Can Washington state matching dollars in the Opportunity Scholarship be invested in private company stocks the way the Washington Investment Board invests pension money?
The AG concluded the state matching funds are likely public funds, so article XII, section 9 of the Washington Constitution likely prohibits investing them in private stocks. The match account starts …
Can Arkansas civilly enforce the Deceptive Trade Practices Act against Native American tribes that lend money to Arkansans at usurious rates?
The AG declined to answer. Questions 1, 3, and 4 were in active litigation in State of Arkansas v. Western Sky Financial, and her office does not opine on pending matters. Question 2 was a pure questi…
Can the West Virginia Department of Education pay a county school board's bank loan directly from state aid funds to help the county get a better interest rate?
No. The AG concluded that having the WVDE write checks directly to a financial institution to repay a Fayette County Board of Education loan would violate two provisions of the West Virginia Constitut…
Does a school board have to take a public vote before denying a parent's request, even if it never formally calls for a motion?
Yes, according to this opinion. A parent's attorney asked the Brandywine School Board to expunge a student's discipline record. The Board discussed the request in executive session under a vague "Lega…
Can an Arkansas former employee block release of her personnel file by simply objecting that it is an invasion of privacy?
Not without saying more. The AG explained that a blanket objection to release of a personnel record, with no specific documents or arguments identified, is not enough to overcome a redacted release ap…
Does Texas nepotism law let a county hospital hire the county judge's spouse?
The AG concluded that Texas nepotism law does not bar the Pecos County Memorial Hospital from employing the county judge's spouse. The nepotism statute (Government Code section 573.041) only stops a p…
How often can Texas police officers vote to change their bargaining agent?
The AG concluded that section 142.056 of the Local Government Code does not impose any waiting period between elections over which group represents municipal police officers in 'meet and confer' barga…
Can the Texas State Board of Education control how local schools pick textbooks?
The AG concluded that the State Board of Education has only the powers the Legislature has specifically delegated to it, and that it may not substitute its judgment for the local school district trust…
Why did the Arkansas AG reject the 2016 Arkansas Medical Marijuana Amendment's popular name and ballot title?
The AG rejected the proposed popular name and ballot title because the underlying constitutional amendment had so many internal ambiguities that no ballot title could honestly summarize it for voters.…
Can chiropractors in Arizona advertise that they offer 'physiotherapy' or 'physical therapy,' or are those terms reserved for licensed physical therapists?
No exemption. Under A.R.S. § 32-2042(C) and (D), nobody in Arizona, including chiropractors, may use the words 'physical therapy', 'physiotherapy', 'physical therapist', or letters like PT, RPT, MPT, …
After the Reed v. Town of Gilbert ruling on content-based sign regulations, does Arizona need to amend its political sign statute (A.R.S. § 16-1019)?
No. The Supreme Court's Reed v. Town of Gilbert decision applies strict scrutiny to content-based speech restrictions. A.R.S. § 16-1019 doesn't restrict speech; it limits what local governments can do…
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